Dalrymple Bay Coal Terminal Pty Ltd Summary

[2017] FWCA 5103

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Dalrymple Bay Coal Terminal Pty Ltd

(AG2017/3071)

Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017

Coal export terminals
Deputy President Masson	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalrymple Bay Coal Terminal Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 8 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in Dalrymple Bay Coal Terminal Pty Ltd involved an application for the approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017, which was brought before the Fair Work Commission. The applicant, Dalrymple Bay Coal Terminal Pty Ltd, sought approval of the agreement as a single enterprise agreement under section 230 of the Fair Work Act 2009. The applicant argued that the proposed agreement would provide for fair and equitable terms and conditions of employment for its employees, including those who were members of various unions.

The legal issues the court was required to decide included whether the agreement was a simple, single, and national system agreement, whether the agreement provided for fair and equitable terms and conditions of employment, and whether the agreement complied with the requirements of the Fair Work Act 2009. The court also needed to determine whether the agreement met the requirements for approval under section 230 of the Fair Work Act 2009. The applicant argued that the agreement was a simple, single, and national system agreement that provided for fair and equitable terms and conditions of employment and that it complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the proposed agreement was a simple, single, and national system agreement that provided for fair and equitable terms and conditions of employment for the employees of the applicant. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009 and met the requirements for approval under section 230 of the Act. The Commission noted that the agreement provided for a range of terms and conditions of employment, including pay rates, penalties, allowances, and leave entitlements, that were fair and reasonable in all respects. The Commission also noted that the agreement provided for the protection of employees' rights and interests and that it would facilitate the efficient operation of the applicant's business.

The Fair Work Commission approved the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017 as a single enterprise agreement under section 230 of the Fair Work Act 2009. The Commission determined that the agreement provided for fair and equitable terms and conditions of employment and that it complied with the requirements of the Fair Work Act 2009. The Commission also found that the agreement met the requirements for approval under section 230 of the Act and that it was in the best interests of the employees of the applicant.

Dalrymple Bay Coal Terminal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established